The above observation will be considered in the next hearing of the court on Novermber 3, 2015. The opinions, however, are split.
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So it makes no difference what system of appointment of judges we have, as the entire judicial system has broken down. I have always been vocal on this issue.
“Whether collegium system will be changed or not is in the wisdom of the court”.
KARUNA NUNDY, Senior South Carolina lawyer A system of judges appointing themselves is imperfect.
Telecom Minister Ravi Shankar Prasad and Attorney General Mukul Rohatgi questioned the transparency of the collegium system which the law sought to replace. Why so many posts of judges are lying vacant?
An earlier law minister, Prasad said the NJAC was a part of judicial reforms which was implemented after deep consideration.
Over the course of the three cases, the court evolved the principle of judicial independence to mean that no other branch of the state – including the legislature and the executive – would have any say in the appointment of judges.
The Supreme Court on Friday rejected nearly every argument made by the government in favour of the NJAC.
Justice Lokur also said, “These two eminent persons can actually stymie a recommendation of the NJAC for the appointment of a judge by exercising a veto conferred on each member of the NJAC by the second proviso to sub-section (2) of Section 5 of the NJAC Act, and without assigning any reason”. “NJAC has the in-built potential of creating interference in the functioning of the judicial system”. If, however, the collegium reiterated its choice unanimously, the government would have to appoint that judge.
A year-ago, Kalyan had told the Lok Sabha, “During the UPA-II regime, one of the law ministers wanted to bring a Bill, akin to this”.
He has also penned his gratitude in the judgement which reads: “Before parting with the order, I would like to record my appreciation for the ablest assistance rendered to us, by the learned counsel who addressed us from both the sides. I had expressed our party’s view then”. Following the Supreme Court’s ruling on Thursday, Maharashtra Chief Minister Devendra Fadnavis said he favoured a blanket ban on dance bars.
Chief Justice Patricia Breckenridge first announced the formation of the committee at a bar association conference last week, noting the constitutional issues raised by the U.S. Justice Department’s separate reports on Ferguson’s municipal court and the St. Louis County juvenile division. This system has been going on right from 1993.
The number of single-court chief judges statewide has been cut by 139 since 2010 – from 223 to 84, according to a Supreme Court news release.
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Mr. Shanti Bhushan, a very senior lawyer of the Supreme Court and former Union Law Minister filed an affidavit in the Supreme Court a few years back stating that half of the previous 16 CJIs have been corrupt, and he could not certify the integrity of 2 more of them.
